Rezoning involves changing the use of a piece of land from what it was originally zoned for. For example, a homeowner may want to have a residential area rezoned so they can open a new business where their home is located.

Is Challenging a Zoning Ordinance Different from a Rezoning Request?

Yes. Challenging a zoning ordinance requires going to court to show the ordinance directly and adversely affects a property or neighborhood.

How Do I Make a Rezoning Request?

Depends on the jurisdiction, you may need to make a rezoning request. If the jurisdiction requires you to make a rezoning change, you have the option of requesting a variance, conditional use, and non-conforming use request.

A landowner usually goes to the local government’s zoning commission who hands the change request. The landowner must complete and return an application for a hearing. Then, the zoning commission reviews the application to determine how the request affects any neighboring properties.

How Long Will the Process to Complete My Rezoning Request Take?

The process may take up to 180 days from the time your application is submitted to the date it is approved or denied.

Will the People Have a Chance to Agree or Disagree with My Request?

Yes. The zoning commission will post a notice of a public hearing about your rezoning request. People in the neighboring properties can attend the hearing and offer comments and concerns about the change.

What Is the Chance of My Rezoning Request Being Approved?

No two rezoning requests are alike. Thus, it is difficult to predict whether any request will be approved. The chance that the request will be approved depends on:

  • How the property will be used
  • If there are any future plans for any surrounding properties

Should I Obtain Help Getting My Property Rezoned?

Before starting the rezoning process, you should contact a real estate lawyer. An attorney can assist you in preparing your initial application. The lawyer can also assist with crafting a convincing rezoning argument to why the zoning commission should approve your request.